HomeMy WebLinkAboutbocc.res.084.2002 A REPLACEMENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
t OF PITKIN
COUNTY, COLORADO, GRANTING APPROVAL OF A SUBDIVISION EXEMPTION
FOR MAJOR PLAT AMENDMENT FOR THE COUGAR CANYON AND COZY POINT
RIDGE SUBDIVISIONS
Resolution Noo-2002
RECITALS
I. Aspen Properties Holdings LP ("Applicant') has applied to the Pitkin County Board of
County Commissioners (`BOCC") to amend the plats for the Cougar Canyon and Cozy Point
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Ridge Subdivisions in order to legalize certain road improvements that were not previously `o m 6
approved by the County. The improved road segment is approximately 3,700 linear feet and r N
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extends from Cougar Canyon Road to Cozy Point Way through Lots 1 and 2 of the Cougar �s
p Canyon Subdivision and Lot 2 of the Cozy Point Ridge Subdivision ("subject road"on
xQ Attachment A).
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2. The properties are located above Brush Creek Village Subdivision and are described as Lots
1 and 2, Cougar Canyon Subdivision and Lot 2, Cozy Point Ridge Subdivision.
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3. The Cougar Canyon Subdivision is zoned RS-160 and the Cozy Point Ridge Subdivision is
zoned RS-30.
4. The Planning and Zoning Commission recommended approval of the request on May 1, 2001
by a vote of 2-0.
5. The BOCC considered the application at a duly noticed public heating on July 25, 2001.
6. The BOCC finds that the application is generally consistent with the applicable provisions of
the Pitkin County Land Use Code.
7. This Resolution rescinds and replaces Resolution #128-2001 of the Board of County
Commissioners of Pitkin County, Colorado.
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NOW, THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant approval
of a major plat amendment for the Cougar Canyon and Cozy Point Ridge Subdivisions, subject to
the following conditions, which shall run with the land and be binding on all successors in
interest:
1. Between December 1 and March 31 inclusive, all human use/activity(vehicular and non-
vehicular, but excluding emergency vehicles) shall be prohibited on that portion of the
subject road which exists in the "Critical Wildlife Habitat Area"identified in Exhibit B of
Pitkin County Board of County Commissioners Resolution No. 96-244, as recorded January
24, 1997, as Reception No. 401156 in the real property records of Pitkin County, Colorado.
Signs shall be installed at either end of that portion of the road which is subject to seasonal
closure, which shall read, "Sensitive Wildlife Habitat. Area behind this sign CLOSED to all
human activity from December I to March 31, dates inclusive." There shall be no other
restrictions on use of the subject road. Subject only to the closure described in the first
sentence of this Section 1, the subject road may be used, among other things, as a
driveway/access route for Lot 2, Cozy Point Ridge Subdivision, as said lot is defined in the
Final Plat recorded in Plat Book 22 at Page 26 of the real property records of Pitkin County. N
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2. The Applicant shall prepare a weed control plan which complies with the provisions of Pitkin CY) 0 m
County's Noxious Weed Management Plan. The Plan shall address those areas disturbed
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during construction of the road.
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Hamm 3. The Applicant shall prepare a habitat mitigation plan for review and approval by the County �a
Wildlife Biologist. The plan shall be implemented prior to July 31, 2002. The plan shall �N
address restoration of 0.5 acres on the property in order to mitigate for the habitat loss .��.
associated with the improvement of the road.
4. The Applicant shall repair the ditches adjacent to the subject road by filling them with
densely compacted fill and then protecting the ditches from erosion with erosion control �r
matting, rip rap, lining with an impermeable material or some combination thereof.
5. The Applicant shall revegetate the slopes adjacent to the subject road with native vegetation
within one growing season of project completion to prevent erosion. The Applicant shall not
utilize retaining walls or structures to prevent erosion. a
6. The subject road shall be maintained by the Applicant, its successors and assigns, as a Low �J
Service Area Road, as set forth in Section 3.04 of the 2001 Pitkin County Assets N
Management Plan: County Roads Trails & Properties.
7. The Applicant shall adhere to all representations made in the application and in public
meetings.
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APPROVED AND ADOPTED on the 8`h day of May 2002.
ATTEST BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jean to Jones
Patti Kay-Cla er, Chair
Date:_05-
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APPROVED AS TO FORM:
John Hilary Flet r Smith
Attorney County Manager
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